ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P No.D- 2392 of 2016

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Date Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Muhammad Iqbal Mahar

Rao Muhammad Shafique & others……..… Petitioners

V E R S U S

Province of Sindh, & others ……….. Respondents

Date of hearing 04.05.2016

Mr. Faizan H. Memon advocate for petitioners.

Mr. Abdul Jabbar Qureshi A.A.G

Dr. Agha Muhammad Ashfaq, Project Director (Respondent No.3).

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Muhammad Ali Mazhar, J: The case of the petitioners is that they were appointed Gavi Vaccinators in B.P.S-06 on different dates during 2005 to 2012 by the Respondents on contract basis against existing vacancies in Gavi Scheme Support. It is also stated that all the petitioners are performing their duties regularly.

2. Learned counsel for the petitioners submits that under Section 3 of the Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013 the petitioners are also entitled to be regularized in their service but this benefit was not given to them despite various approaches. He further submits that summary was moved to the worthy Chief Minister, Sindh for regularization of 700 Gavi Vaccinators working in all districts of Sindh but no further progress has been made nor petitioners are aware as to whether summary has been approved or not. It is further argued that similar placed employees filed C.P No.D-1415 of 2010 which was allowed by this court. He further argued that in pursuance of the order passed by this court in C.P No.D-1415 of 2010, a Notification was also issued on 02.09.2015, whereby, services of the petitioners in the aforesaid petition were regularized.

3. Today, Dr. Agha Muhammad Ashfaq, Project Director, Respondent No.3 has submitted the comments in which it is admitted that the summary for regularization of 700 Gavi Vaccinators has already been moved to the Chief Minister, Sindh. It is further admitted that the contracts of Vaccinators are being extended from time to time. It is further admitted in the comments that 25 Gavi Vaccinators of District Omer Koat out 29 were regularized after verification of service record, academic certificates and physical appearance. The process of regularization of 700 Gavi Vaccinators working in different districts of Sindh has been started by the Heath Department, Government of Sindh. The Project Director further submits that three months’ time is required for verification of the academic certificates and service record of the petitioners. Since clear statement has been given that in view of the Sindh (Regularization of Ad-hot and Contract Employees) Act, 2013, the services of the petitioners will be regularized through Scrutiny Committee but subject to approval of competent authority, therefore, the learned counsel for the petitioners is satisfied. Petition is disposed of with the directions to the Respondents to consider the case of the petitioners and regularize them within three (03) months under the provisions Section 3 of Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013.

JUDGE

Aadil Arab